Department of Housing and Urban Development, III. In order to allow for a variety of appropriate documentation standards, including a note from a high school, employment counselor, or a certification signed by the individual or head of household that a characteristic does not exist, HUD has not revised the language from the proposed rule. This interpretation is consistent with HUD's longstanding interpretation of the statutory language lacks a fixed, regular and adequate nighttime residence, which the HEARTH Act, in amending the McKinney-Vento Act, did not change. Many commenters commented that the list of barriers to employment did not accurately reflect the experiences of youth. This commenter suggested a definition similar to the chronically homeless definition, which allows four episodes over a time frame of 3 years. Office of the Assistant Secretary for Community Planning and Development, HUD. are not part of the published document itself. While this section is not actually an other federal statute, its definition of homeless children and youths is fully incorporated by reference in the definition of homeless children under section 330 of the Public Health Service Act (42 U.S.C. One commenter stated that the proposed rule's simplification of the categories does not provide enough information and is confusing. Rule clarification. (2) If the individual qualifies as homeless under paragraph (1)(iii) of the homeless definition in 582.5, because he or she resided in an emergency shelter or place not meant for human habitation and is exiting an institution where he or she resided for 90 days or less, acceptable evidence includes the evidence described in paragraph (b)(1) of this section and one of the following: (i) Discharge paperwork or a written or oral referral from a social worker, case manager, or other appropriate official of the institution, stating the beginning and end dates of the time residing in the institution. These commenters suggested that HUD define unaccompanied youth to mean youth not in physical custody of a parent or guardian.. Some of these commenters stated that requiring that a disability be confirmed by an appropriate licensed medical professional will cost money and HUD should pay the associated costs. For these issues, HUD welcomes commenters to review forthcoming HEARTH Act proposed rules when published and the ESG interim rule published elsewhere in today's Federal Register and to submit comments. Other commenters stated that there is little actual evidence to either support or contradict HUD's decision to provide this standard. HUD Response: HUD recognizes that it is often difficult for homeless providers to obtain documentation from discharging institutions and agrees that an individual should not be denied access to housing or services because the institution did not maintain the appropriate records. The commenter pointed out that in public housing, it is conceivable that a family is evicted for failure to pay rent, drugs, etc. Some commenters expressed the view that the Reporting and Recordkeeping burden estimate of 0.25 hours as an average time for requirement is not enough for even one portion of the documentation. Additionally, one commenter recommended that the recordkeeping requirements for a homeless individual with a disability should include a process for identifying a person with a disability after intake. One commenter suggested that HUD create a form that institutions could use to certify homelessness. The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 (Pub. (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or. Comment: Expand the single term domestic violence to include domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions. Many commenters disagreed with the proposed rule's inclusion of the term domestic violence without any accompanying mention of domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions. Commenters stated that individuals and families fleeing their homes for reasons of lack of safety in their housing situation, other than domestic violence, should be included as it is specified in the statute. Commenters noted that 91 days is not a factor in the Department of Education's statutory definition of homelessness under the Education for Homeless Children and Youth programs. If the individual or family is receiving shelter or services provided by a victim service provider, as defined in section 401(32) of the McKinney-Vento-Homeless Assistance Act, as amended by the HEARTH Act, the oral statement must be documented by either a certification by the individual or head of household, or a certification by the intake worker. This feature is not available for this document. Help hotlines. One commenter stated that a fifth category of homeless should consist of persons with disabilities who: (1) Have resided with a relative, but by virtue of age or other circumstances of that relative is unable to continue to provide shelter to the individual with a disability; (2) reside in an institution or facility not meant for permanent human habitation such as a hospital, rehabilitation facility, nursing or board and care home, and such individual has no home to return to where that person could live independently and safely; (3) are in situations such as (1) and (2) who no longer choose to live in that circumstance and who wish to live independently. In order to allow for this variation, HUD has not revised the language from the proposed rule. HUD and its federal partners, including the U.S. Interagency Council on Homelessness, the U.S. Department of Education, the U.S. Department of Health and Human Services, the U.S. Department of Veterans Affairs, and the U.S. Department of Labor, are committed to preventing and ending homelessness as evidenced in Opening Doors: Federal Strategic Plan to Prevent and End Homelessness. Some commenters requested that the standard to obtain documentation from each host household be eliminated entirely, other commenters requested that the standard be limited to the most recent owner or renter of the housing, and others requested that it be limited to those host families who still resided in the place where the unaccompanied youth or family with children and youth stayed or to those host households who have phones or email. Where disability is an eligibility requirement, an intake staff-recorded observation of disability may be used to document disability status as long as the disability is confirmed by the aforementioned evidence within 45 days of the application for assistance. HUD has determined that 90 days strikes an appropriate balance between allowing homeless persons to maintain their homeless status while residing in an institution without undermining the considerable progress made in strengthening the discharge planning protocols and practices of institutions or state systems of care. HUD Response: The definition of disability is one that currently exists for HUD's homeless programs. Commenters stated that nothing in the McKinney-Vento Act requires a long period such as chronic homelessness when defining persistent instability over a long-term period. Many commenters stated that this standard would be detrimental to unaccompanied youth and children, especially when related to their performance in school. Comment: Fewer barriers to employment should be required. In addition, these commenters expressed the view that housing assistance should be focused on stabilizing homeless people with disabilities. However, recipients of grants have always been required to keep records proving the eligibility of program participants. With respect to the term temporarily resided, many commenters stated that the standard of 90 days or less should be lengthened. ), section 17 of the Child Nutrition Act of 1966 (42 U.S.C. (C) An oral statement by the individual or head of household that the owner or renter of the housing in which they currently reside will not allow them to stay for more than 14 days after the date of application for homeless assistance. Shelter. The HEARTH Act also codifies in law and enhances the Continuum of Care planning process, the coordinated response to addressing the needs of homelessness established administratively by HUD in 1995. Where a move was due to the individual or family fleeing domestic violence, dating violence, sexual assault, or stalking, then the intake worker may alternatively obtain a written certification from the individual or head of household seeking assistance that they were fleeing that situation and that they resided at that address; and. Homeless services locator. 254b). 42 U.S.C. About the Federal Register We list types of homeless assistance including: shelters, clothing assistance, food assistance, social services organizations, dental assistance, housing assistance programs . The authority citation for 24 CFR part 91 continues to read as follows: Authority: These markup elements allow the user to see how the document follows the Rule clarification. ), section 330 of the Public Health Service Act (42 U.S.C. The suggested age in these requests varied, but the most common age suggested was 24 and under, followed by the suggestion that youth be defined as persons under the age of 21. Another commenter stated that requiring written, third-party documentation of an oral statement is inconsistent with and contrary to the principles of statutory interpretation articulated in Chevron, U.S.A., Inc. v. Third-party documentation, where it is available, is the preferable documentation of homeless status. Other commenters stated that unstable employment, unlike the other listed barriers, is an outcome and not necessarily a precipitating factor. Description On May 20, 2009, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 was signed. However, because the proposed rules for those programs have not yet been published, this final rule has integrated the proposed definitions for developmental disability and homeless individual with a disability into the regulations for the Shelter Plus Care program and the Supportive Housing Program. The recipient must maintain and follow written intake procedures to ensure compliance with the homeless definition in 583.5. HUD Response: Historically, HUD has not specifically defined in regulations or notices lacks the resources or support networks for the purposes of documenting eligibility for HUD's homeless and homelessness prevention programs. June . HUD has not added additional items to the list of barriers in the regulatory text, and HUD has not further defined a history of unstable employment. HUD would consider the suggestions provided in the comments (e.g., lack of child care, lack of transportation, lack of work experience) as barriers to employment without their specific inclusion in the regulatory text. generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. To clarify that HUD continues to expect a professional licensed by the state to diagnose and treat that condition to certify that the disability is expected to be long-continuing or of indefinite duration, HUD has added recordkeeping requirements to the final rule. Commenters explained that unaccompanied youth may be vulnerable to sexual abuse or other exploitation and they should not have to experience such abuse to meet eligibility criteria for homeless services. Comment: Relax the standards for documenting persistent instability. Many commenters stated that the standards established for documenting homelessness of unaccompanied youth and families with children and youth in 577.3(b)(4) were cumbersome, difficult, countered the intent of increased coordination with school liaisons, and failed to reflect the reality that unaccompanied youth are not likely to travel with documentation. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. Commenters offered suggested standards, the most common of which were: penal institutions (jails and prisons), hospitals, nursing homes, Institutes for Mental Disease (IMDs), juvenile detention centers, substance abuse facilities, publicly operated mental health facilities, state mental hospitals, youth crisis beds, and Intensive Residential Treatment Service (IRTS) facilities. Some commenters advised that other federal programs contain express provisions for the health and safety of children (i.e., the Childcare and Development Block Grant, and the Asbestos Control Loan programs). HUD's view is that persons living in these types of situations are at risk of homelessness and reiterates that persons at risk of homelessness may be served under programs created by the HEARTH Act amendments. A new 583.301 is added to read as follows: (b) Homeless status. General concerns about this rule most frequently expressed by commenters were: (1) Vulnerable populations (e.g., individuals who are couch surfing and individuals and families in substandard housing) continue to be excluded from the definition of homeless used by HUD to administer its programs; and (2) the recordkeeping requirements are too burdensome. DCF coordinates funding for homeless assistance through a statewide network of lead agencies, called Continuums of Care, who subcontract with other community partners to . Comment: Provide training on eligibility criteria for other federal statutes with definitions of homeless. One commenter stated that many service providers are not familiar with eligibility criteria for other federal statutes with definitions of homeless and stated that it is one more program requirement on which they must be trained in order to effectively document homeless status under 577.3(b)(3) of the proposed rule. An unaccompanied youth who is living on the streets or in shelters will qualify as homeless under the first category of this definition. ), subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. These commenters stated that this language shows a disconnect with how the eviction process actually works, fails to recognize that eviction procedures differ by state, and lacks the understanding that many evictions are not conducted legally, and even if they are, the paperwork is not easily transferred from location to location by the evicted household. Commenters recommend that HUD include the barriers identified by the Department of Labor and Workforce Investment Act. HUD reminds its stakeholders that the availability of resources, both for targeted and nontargeted programs, are subject to appropriations by Congress. Individuals with speech or hearing impairments may Start Printed Page 76013access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339. The reporting and recordkeeping burden is an estimate of the average time it takes all recipients of HUD funds that serve homeless persons to document homeless status. Part 576 does not use those terms, and the Consolidated Plan regulations in 24 CFR part 91 covers more than HUD's homeless assistance programs. All of these commenters expressed the view that these youth are particularly vulnerable to victimization, sexual abuse, exploitation, and other forms of abuse. HUD Response: The list in the regulatory text of barriers to employment provides examples of possible barriers to employment that unaccompanied youth and families with children and youth might face and is not indicative of all the possible barriers. Therefore, section 725(2) of the McKinney-Vento Act would be applicable, regardless of whether it is specifically mentioned. The commenters further stated that housing combined with support services can stabilize a client's financial status and promote self-sufficiency. Commenters said that there is often local information that would verify the stay in the institution, such as a local mental health agency or HMIS records. Comment: Clarification of the terms unaccompanied youth, children and youth is needed. For individuals and families who do not meet the definition of homeless under any of the categories, HUD notes that the McKinney-Vento Act was amended to allow homeless assistance to be provided to persons who are at risk of homelessness. Commenters should look for the definition of persons who are at risk of homelessness in upcoming program regulations, including the ESG program interim rule, which is published elsewhere in today's Federal Register. Already available documentation includes certification or other appropriate service transactions recorded in a Homeless Management Information System (HMIS) or other database that meet certain standards, discussed later in this preamble. Comment: The rule should allow intake workers to use other evidence that may be available to document homeless status of a household. Rule clarification: HUD has revised paragraph (b)(4)(iii) of the recordkeeping requirements for the definition of homeless to clarify that where a move of the unaccompanied youth, or of the family with children and youth, was due to domestic violence, dating violence, sexual assault, or stalking, the provider may accept a written certification from the individual or head of household as documentation of that living arrangement. One commenter stated that the language in the proposed rule did not take into account dangers to children that may exist within an apartment complex, such as actions by a known child predator. Domestic violence assistance - (800) 500-1119. The final rule provides that documentation of imminent loss of housing includes not only a court order resulting from an eviction action, or the equivalent notice under applicable state law, but also a formal eviction notice, a Notice to Quit, or a Notice to Terminate, that require the individual or family to leave their residence within 14 days after the date of their application for homeless assistance. HUD has revised paragraph (b)(3) of the recordkeeping requirements for the homeless definition in response to these comments. HUD Response: HUD agrees that more clarification is needed regarding the use of the term youth. HUD determined that defining youth as up to age 25 for the purposes of this category will help meet the needs of this uniquely vulnerable population, especially those youth exiting the foster care system. Rule clarification. HUD Response: HUD agrees that third-party documentation should be obtained whenever possible. Documentation of imminent loss of housing. Because the existing regulations for the Shelter Plus Care program (24 CFR part 582) use the term persons with disabilities, the substance of the proposed definition of homeless individual with a disability has been integrated into the existing definition of persons with disabilities Start Printed Page 76011in the Shelter Plus Care regulations while preserving language that involves requirements that go beyond the definition of homeless individual with a disability in the HEARTH Act. One commenter posited that the criteria for establishing proof of eligibility in this category was so complex that it would cause program operators to work around this category and qualify this population as homeless under category two. New incentives will place more emphasis on rapid re-housing, especially for homeless families. HUD stresses that where the safety of the individual of family fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking would be jeopardized by an intake worker's attempt to obtain third-party verification, that the intake worker must not attempt to obtain, under any circumstances, third-party verification and may accept written certification by the individual or head of household that he or she is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking. The HEATH Act amends and reauthorized McKinney-Vento Homeless Assistance Act with substantial changes, including: A consolidation of HUD's competitive grant programs The creation of a Rural Housing Stability Assistance Program A change in HUD's definition of homelessness and chronic homelessness The proposed rule contained proposed definitions for developmental disability and homeless individual with a disability, which were intended to be included in the final regulations for the Continuum of Care program and the Rural Housing Stability program. Another commenter, referring specifically to the standards established in 577.3(3) of the proposed rule, stated that the standards were particularly confusing and it was unclear when an oral statement could be accepted versus one written down versus when third-party documentation must be obtained. The intake worker must record the statement and certify that it was found credible. HUD Response: HUD does not expect its providers to become experts in applying the definitions of homeless under other federal statutes. The final rule, therefore, does not define resources or support networks, although HUD has included examples of support networks about which recipients must inquire when determining whether an individual or family lacks the resources or support networks to obtain other permanent housing. Comment: A person staying in a hotel or motel room is homeless. This rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. Additionally the 90-day standard set for temporarily resided in paragraph (1)(iii) of the definition of homeless is consistent with policy established in the Fiscal Year (FY) 2008 Continuum of Care Homeless Assistance Grants Notice of Funding Availability (NOFA) and matches the Rule of Construction regarding the definition of chronically homeless in section 401(2)(B) of the McKinney-Vento Act, which states that a person who currently lives or resides in an institutional care facility * * * and has resided there for fewer than 90 days shall be considered chronically homeless if such person met all of the requirements.. The single Continuum of Care program established by the HEARTH Act consolidates the following programs: The Supportive Housing Program, the Shelter Plus Care program, and the Moderate Rehabilitation/Single Room Occupancy program. Other commenters stated that it would be helpful if HUD provided guidelines regarding the information a self-certification should include, as well as a sample form, or template, that a provider could choose to use, but not be required to use. One commenter asked if an arson case would qualify as a dangerous or life-threatening condition or must such condition specifically relate to domestic violence.Start Printed Page 76005. Comment: Additional documentation standards should be included for persons at imminent risk of losing their housing. HUD agrees that the standard should be eliminated or scaled back where a move by the unaccompanied youth or family with children and youth was due to domestic violence, dating violence, sexual assault, or stalking. The CoC Program interim rule was first published in the Federal Register on July 31, 2012 and became effective August 30, 2012. Commenters stated that the average burden could be as high as 2 to 3 hours for many individuals and families, and under the third category of homelessness, it could easily be 1 to 2 days per case. HUD Response: HUD recognizes that providers need clear guidelines and documentation standards for establishing that an individual meets the definition of homeless individual with a disability. HUD has added recordkeeping requirements to the language from the proposed rule. on NARA's archives.gov. Comment: It would be helpful to identify the specific definitions of homeless included in other federal statutes. Commenters requested further clarification on using the definitions of homeless children and youth from other federal statutes. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single Continuum of Care program, revises the Emergency Shelter Grants program .
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